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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Subodh Kanwar W/o Late Shri Ajit Singh – Appellant
Versus
Rajasthan Co-operative Societies Tribunal Jaipur through its Registrar – Respondent
| Table of Content |
|---|
| 1. challenge to award and possession dispute. (Para 1 , 2 , 3 , 4) |
| 2. arguments on tribunal’s jurisdiction error. (Para 5 , 6 , 7) |
| 3. jurisdiction of registrar under the act. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. registrar lacks jurisdiction over title disputes. (Para 15 , 16 , 17) |
| 5. writ petition dismissed, civil court jurisdiction affirmed. (Para 18 , 19) |
Judgment :
ANAND SHARMA, J.
1. By way of filing this writ petition, petitioner has challenged the order dated 25.08.2006 passed by the Rajasthan Co-operative Societies Tribunal, Jaipur, whereby award dated 22.10.2005 passed by the Registrar Co-operative Societies has been quashed and set aside.
2. It is submitted by learned Senior Counsel for the petitioner that the petitioner purchased a plot bearing No.81 from Sayaunkta Grah Nirman Sahakari Samiti Limited in its scheme namely Officers Campus Extension Scheme, Sirsi Road, Jhotwara vide allotment letter dated 21.07.1992. Pursuant to the said letter, physical possession of the plot was taken by the petitioner and boundary wall as well as one small room was erected of the said plot, where he also got electric connection.
3. Learned Senior Counsel for the petitioner submits t
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, 1964, and any such relief must be sought in a competent civil court.
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, necessitating recourse to civil courts for such matters.
If Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of Section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for dispos....
The main legal point established is that the Registrar of the Co-operative Society does not have jurisdiction to annul a sale deed, and the Civil Court has the authority to declare the sale deed as n....
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